South Australian Consolidated Acts

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MEDICAL PRACTICE ACT 2004 - SECT 49

49—Obligation to report medical unfitness or unprofessional conduct of medical practitioner or medical student

        (1)         If any of the following persons, namely—

            (a)         a health professional who has treated, or is treating, a patient who is a medical practitioner or medical student; or

            (b)         a person who provides medical treatment through the instrumentality of a medical practitioner or medical student; or

            (c)         a hospital that has entered into an arrangement with a medical practitioner under which the medical practitioner provides medical treatment at the hospital to his or her patients; or

            (d)         the person in charge of an educational institution at which a medical student is enrolled in a course of study providing qualifications for registration on the general register under this Act,

is of the opinion that the practitioner or student is or may be medically unfit to provide medical treatment, the person must submit a written report to the Board setting out his or her reasons for that opinion and any other information required by the regulations.

Maximum penalty: $10 000.

        (2)         If a medical services provider or exempt provider is of the opinion that a medical practitioner or medical student through whom the provider provides medical treatment has engaged in unprofessional conduct, the provider must submit a written report to the Board setting out the provider's reasons for that opinion and any other information required by the regulations.

Maximum penalty: $10 000.

        (3)         The Board must cause a report made under this section to be investigated.

        (4)         In this section—

"health professional" means—

            (a)         a medical practitioner; or

            (b)         a psychologist; or

            (c)         any other person who belongs to a profession, or who has an occupation, declared by the Board, by notice in the Gazette, to be a profession or occupation within the ambit of this definition.



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